Notify Appropriate Parties
When your business experiences a data breach, notify law enforcement, other affected businesses, and affected individuals.
Determine your legal requirements. All states, the
District of Columbia, Puerto Rico, and the Virgin Islands have enacted
legislation requiring notification of security breaches involving
personal information. In addition, depending on the types of information
involved in the breach, there may be other laws or regulations that
apply to your situation. Check state and federal laws or regulations for
any specific requirements for your business.
Notify law enforcement. Call your local police
department immediately. Report your situation and the potential risk for
identity theft. The sooner law enforcement learns about the theft, the
more effective they can be. If your local police aren’t familiar with
investigating information compromises, contact the local office of the
FBI or the U.S. Secret Service. For incidents involving mail theft,
contact the U.S. Postal Inspection Service.
Did the breach involve electronic personal health records? Then
check if you’re covered by the Health Breach Notification Rule. If so,
you must notify the FTC and, in some cases, the media. Complying with the FTC’s Health Breach Notification Rule
explains who you must notify, and when. Also, check if you’re covered
by the HIPAA Breach Notification Rule. If so, you must notify the
Secretary of the U.S. Department of Health and Human Services (HHS) and,
in some cases, the media. HHS’s Breach Notification Rule explains who
you must notify, and when.
| Notify individuals. If you quickly notify people that their personal information has been compromised, they can take steps to reduce the chance that their information will be misused. In deciding who to notify, and how, consider: state lawsthe nature of the compromisethe type of information takenthe likelihood of misusethe potential damage if the information is misused For example, thieves who have stolen names and Social Security numbers can use that information not only to sign up for new accounts in the victim’s name, but also to commit tax identity theft. People who are notified early can take steps to limit the damage. When notifying individuals, the FTC recommends you: Consult with your law enforcement contact about the timing of the notification so it doesn’t impede the investigation.Designate a point person within your organization for releasing information. Give the contact person the latest information about the breach, your response, and how ...read more |
| A breach is, generally, an impermissible use or disclosure under the Privacy Rule that compromises the security or privacy of the protected health information. An impermissible use or disclosure of protected health information is presumed to be a breach unless the covered entity or business associate, as applicable, demonstrates that there is a low probability that the protected health information has been compromised based on a risk assessment of at least the following factors: The nature and extent of the protected health information involved, including the types of identifiers and the likelihood of re-identification;The unauthorized person who used the protected health information or to whom the disclosure was made;Whether the protected health information was actually acquired or viewed; andThe extent to which the risk to the protected health information has been mitigated.Covered entities and business associates, where applicable, have discretion to provide the required breach notifications following an impermissible ...read more |
| If a breach of unsecured protected health information occurs at or by a business associate, the business associate must notify the covered entity following the discovery of the breach. A business associate must provide notice to the covered entity without unreasonable delay and no later than 60 days from the discovery of the breach. To the extent possible, the business associate should provide the covered entity with the identification of each individual affected by the breach as well as any other available information required to be provided by the covered entity in its notification to affected individuals. ...read more |
| If a breach of unsecured protected health information occurs at or by a business associate, the business associate must notify the covered entity following the discovery of the breach. A business associate must provide notice to the covered entity without unreasonable delay and no later than 60 days from the discovery of the breach. To the extent possible, the business associate should provide the covered entity with the identification of each individual affected by the breach as well as any other available information required to be provided by the covered entity in its notification to affected individuals. ...read more |
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1/21/25 Healthcare Data Breaches and Their Devastating Impact
1/21/25 Your Essential Guide to Data Breach Reporting Procedures
1/21/25 Understanding Your Obligations in Data Breach Reporting
11/16/22 Administrative Requirements and Burden of Proof
11/16/22 Notification by a Business Associat
11/16/22 Breach Notification Requirements
11/16/22 Unsecured Protected Health Information and Guidance
11/16/22 Guidance to Render Unsecured Protected Health Information Unusable, Unreadable, or Indecipherable to Unauthorized Individuals
11/16/22 Definition of Breach
11/16/22 Breach Notification Rule
11/16/22 Notify Individuals
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